Maine Marriage Ad's Truthfulness Questioned

Marriage Equality Advocates Calls Ad Main Claims Misleading, Flawed

Some have questioned the truthfulness of part of a political ad now airing from a group looking to overturn the same-sex marriage law in Maine this November.

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The People's Veto Process

A no vote on the November ballot referendum question means a vote to support the law as passed while a yes vote opposes same-sex marriage and would support repealing the law. Advertisements advocating a no vote started airing earlier in the month, and advertisements advocating a yes vote began running last week.

Those supporting marriage rights are crying foul about the truthfulness of the ad. Like many political advertisements, however, it is tough to say if one side is lying -- since this political ad, like many, uses some hyperbole to make its point, News 8's Keith Baldi said.

Those in favor of marriage rights said the 30-second "vote yes on one" commercial entitled "Consequences" has two misleading and flawed main claims.

The first claim has to do with possible legal ramifications of the law.

"Legal experts predict a flood of lawsuits against individuals, small businesses and religious groups," a line in the ad states.

It is true that five legal experts from several well-respected law schools around the country sent letters to Gov. John Baldacci earlier this year, expressing their concern that religious believers who conscientiously object to same-sex marriage could be sued or face penalties.

While the potential is there, those fighting the veto effort said it has not been the case in other states, and in Maine, it's being overstated.

"They have various theories about why there might be litigation, but the test is what has happened in other jurisdictions. Law professors have theories all the time," University of Maine Law Professor David Cluchey said.

The "vote yes" side said the theories will materialize in Maine.

"There is no reason to believe that it won't happen, there is every probability that it will happen," Stand for Marriage Maine campaign chairman Marc Mutty said.

The second claim that is causing sharp criticism is about education.

Part of the TV commercial includes a line, "Homosexual marriage taught in public schools whether parents like it. Vote yes on question one."

The "vote no" side called that claim inflammatory and misleading.

"This insinuation that this will happen in Maine is exactly that, an insinuation designed to generate fear," Cluchey said.

According to the Department of Education, no specific curriculum language exists or would exist that instructs schools to teach about marriage. There are guidelines for students to discuss their own health in context of family life, but nothing explicit. The exact lesson plans are created by an individual school system, some of which already talk about heterosexuality and homosexuality.

Those who made the commercial said the line in the advertisement is not meant to be taken literally. Instead, it's meant to imply that, in their opinion, if schools currently teach about family life and marriage, discussions about same-sex marriage would likely be included.

"Now, the law says marriage is between party A and B. That is what the school would be obligated to teach," Mutty said.

In terms of teaching about marriage in schools, if the issue of same-sex marriage is part of the lesson plan for sex education classes in older grades, parents can opt out of the classes now, according to Maine law -- and that would not change.